U.S. DEPARTMENT OF TRANSPORTATION
STATEMENT OF ADMIRAL JAMES M. LOY
UNDER SECRETARY OF TRANSPORTATION FOR SECURITY
Before the
SUBCOMMITTEE ON AVIATION
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
U.S. SENATE
February 5, 2003
Good afternoon, Mr. Chairman, Senator Rockefeller, and Members of the Subcommittee.
I am pleased to testify before the Subcommittee today on behalf of the Transportation
Security Administration (TSA), the Nation’s transportation security manager, concerning
our progress in meeting the ambitious goals Congress set out for us only 14 months ago.
I can report to you that TSA has met all deadlines established by the Aviation and
Transportation Security Act (ATSA). On February 17, 2002, TSA assumed responsibility
for civil aviation security and by summer had stationed Federal Security Directors in
major airports across the country. We deployed federal passenger screeners at all 429
commercial airports by November 19, 2002. By December 31, 2002, TSA screened 100
percent of checked baggage for explosives through the use of Congressionally approved
methods. We dramatically expanded the Federal Air Marshal program so that many more
flights are covered each day than ever before. With the help of state and local agencies,
law enforcement officers were positioned at all screening checkpoints. The initial phase
of reinforcing commercial aircraft cockpit doors was completed through the Federal
Aviation Administration (FAA). Background checks were ordered for an estimated
750,000 airport and air carrier employees who could enter secured areas of airports.
The uniformed TSA screeners are becoming a comforting presence to the traveling public
as we establish world-class security and world-class customer service.
Air carriers and airports are major partners in the effort to improve security, and they
worked shoulder-to-shoulder with TSA to reach these goals. We appreciate the
significant resources they have contributed, as well as the flexibility and cooperation they
have shown. The dramatic improvement in security that we have achieved is an essential
building block in improving the financial viability of the aviation industry. A sound,
strong aviation security system is fundamental to ensuring the confidence of the public in
the safety of air travel. You have my assurance that TSA will work closely and
cooperatively with all our transportation partners in our quest for continuous progress in
the months ahead.
In just four weeks, TSA will become part of the Department of Homeland Security, and
this may be the last time I appear before this Subcommittee while TSA is part of the
Department of Transportation. I would like to personally thank Secretary Norman Y.
Mineta and Deputy Secretary Michael Jackson for their unwavering support for our
mission and their tireless efforts to make sure TSA had the support it needed to meet its
deadlines. I would also like to acknowledge Inspector General Ken Mead, my co-panelist
today. He has helped us focus on our weaknesses so that they become our strengths.
TSA would never have met its goals without the extraordinary efforts of its contractors.
For example, Lockheed Martin helped TSA in its unprecedented challenge of training the
federal security screeners needed to staff passenger checkpoints across the nation, as well
as to assess and modernize the layout and equipment at all security checkpoints. Boeing
Service Corporation along with Siemens installed thousands of explosives detection
systems (EDS) and explosives trace detection (ETD) systems in the nations airports.
InVision Technologies and L3 Communications worked extremely hard to make sure
TSA had the screening equipment needed to meet its deadline. NCS Pearson was hired to
recruit and assess applicants for over 50,000 screener jobs. The company reviewed
almost 2 million initial applications to find candidates able to meet the rigorous
requirements of these important positions. Virtually overnight, VF Solutions developed
and supplied over 50,000 uniforms for passenger and baggage screeners, deploying field
teams to measure and outfit new recruits as they came on board. These, and other
subcontractor companies were an extension of TSA, its arms and legs laboring to get the
job done, airport-by-airport.
Though the deadlines of ATSA have been met, TSA is far from the finish line. In fact,
for TSA, there will be no finish line. Our security mission demands boldness, constant
reassessment, and continual change to meet new challenges. The security measures we
have put in place are only a filter; they are by no means a guarantee. Our enemies are
alert and resourceful, perpetually looking for any weakness. To confront this challenge,
we are putting in place a “system of systems,” a multi-layered security strategy
stretching from curb to cockpit. What TSA has achieved in the course of the last 14
months is only the springboard for the next phase of our work. We have to “get it right”
every day, at every airport.
We are working closely with airports to complete the installation of explosives detection
systems in a small number of airports. Congress supplemented DOT’s original request of
$507 million in funding, appropriating $738 million to TSA for the physical modification
of commercial airports for installation of checked baggage explosives detection systems,
including explosives trace detection systems. This funding has been used to meet the
ATSA requirement for electronic screening of checked baggage for explosives.
Specifically, the funding covered site assessments, detailed site surveys, development of
architectural and engineering plans, electrical work, reinforcement of existing structures,
temporary structures, and new conveyor belts. These funds were not used for the
purchase of explosives detection equipment. As a result of the hard work of the entire
TSA team and extended family we are now screening all checked baggage for explosives
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at all airports, using electronic screening and Congressionally approved alternatives.
However, we are continuing at several airports to install electronic screening systems.
In our steady push to meet the deadlines established by ATSA, TSA swept rapidly across
airports throughout the country, first to deploy federal passenger security screeners, and
again to ensure that all checked baggage was screened. Having crossed the country
twice, I must acknowledge that our efforts have left a wake that should be addressed. We
worked quickly, and in some cases airport aesthetics have suffered for it. Indeed, we do
have more work to do, even with the equipment now in place. There are opportunities to
improve the efficiency of the screening systems.
We must also recognize the human dimension to our work. We have a family of over
50,000 security screeners in every state in the nation, Puerto Rico, and other U.S.
territories and possessions that work incredibly hard, under great pressure, and in difficult
circumstances. Many have worked long hours of overtime in order to serve their country.
Although I exercised my statutory authority to prohibit mandatory collective bargaining, I
am absolutely committed to establishing a Model Workplace environment. I have just
appointed a director for this project. She has my full support in making this a top priority
for TSA, engaging management and our labor force to make our working environment
one that we can all be even more proud of.
There is no debate that addressing our human resource issues and the installation and
maintenance of our equipment is an effort of great magnitude and importance. It is also
resource intensive. Talking with airport directors on a regular basis, we know the airports
are concerned about the costs and the impact on their airports. Airport tenants are
concerned as well. Meeting the statutory deadlines we faced was only part one of our
work together. We hope our partners will stay with us as we press on.
TSA has assumed responsibility for substantial security costs once borne by the air
carriers, including the costs of the screener workforce, screening equipment, and property
claims. However, air carriers are still responsible for security costs in several areas,
including flight deck modifications and catering security. Congress gave FAA $100
million to distribute to air carriers for security modifications to their aircraft. Of this
amount, $73 million has been disbursed to carriers and we expect remaining funding to
be disbursed before the end of this fiscal year, including $3 million for ten air carriers
participating in a pilot program for video surveillance.
The ATSA required TSA to “establish procedures to ensure the safety and integrity of
catering and passenger amenities, placed aboard such aircraft . . . and all persons
providing such supplies.” TSA has established guidelines and believes security for
catering services and other amenities that are not property items transported for hire, but
rather are part of the service voluntarily provided by the air carriers, should properly be
paid for by carriers, rather than TSA. Air carriers have sought Federal reimbursement for
catering security.
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ATSA authorized TSA to implement two distinct fees to assist the agency in recovering
some of its costs from civil aviation passengers and carriers. The September 11th
September Fee is charged to airline passengers and is capped by ATSA at $2.50 per
enplanement or $5 per one-way trip. TSA has issued a regulation and has been collecting
this fee on tickets sold since February 1, 2002. TSA believes that there has been a high
level of air carrier compliance with collecting and remitting this fee from passengers.
TSA has collected $977 million in FY 2002 from passengers through this fee.
Under ATSA, Congress also authorized the Aviation Security Infrastructure Fee. This
fee was established to reimburse TSA for the passenger and baggage screening costs that
were previously incurred by the airlines themselves prior to the establishment of TSA.
Air carriers no longer incur the cost of screening passengers and property. Instead, each
air carrier annually remits the Aviation Security Infrastructure Fee to TSA equal to its
calendar year 2000 costs for security screening.
To assist TSA in determining fee levels, each air carrier was required by regulation to
submit security screening cost information for the calendar year 2000. The air carriers
are paying a monthly fee based on that cost information. Based on industry information
and testimony to Congress in 2001, TSA had projected collections of approximately $750
million annually for the Aviation Security Infrastructure Fee, with approximately $400
million prorated for the period of FY 2002 during which the fee was in effect. Carriers
are now certifying that their screening costs in 2000 were only about $300 million, about
$450 million less than previously estimated by the industry and TSA. Airlines paid
$160.7 million for the prorated portion of FY 2002, about $240 million less than
projected.
TSA still believes that the costs reported by the carriers are not complete as is evidenced
by the air carriers’ own external auditors being unable to certify the costs that the carriers
have provided to TSA. To avoid a lengthy and resource intensive effort to determine
actual airline calendar year 2000 screening costs, TSA has asked Congress to set the
annual fee at $750 million and requested legislative changes to allow these fees to be
assessed and collected in a more equitable fashion amongst the carriers.
TSA is sensitive to the economic challenges facing the aviation industry, and we will
continue to seek ways to provide appropriate support and assistance for air carriers.
TSA is also aware of the concerns of airlines that stronger security measures might create
delays in flights and increase frustration for passengers. To reduce the “hassle factor” for
passengers, we have eliminated unnecessary questions at the check-in counter, dropped
unnecessary rules, and put in place measures to substantially improve our system of gate
screening. Today over 90 percent of passengers pass through security screening in 10
minutes or less.
TSA is moving forward on implementation of the Arming Pilots Against Terrorism Act
(APATA). Immediately after enactment of APATA in November of last year, as part of
the landmark Homeland Security Act of 2002, I chartered a cross-organization task force
of experts in law enforcement, security training, aviation, and other disciplines to design
the Federal Flight Deck Officer (FFDO) program. The task force is looking at all viable
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options for the program, such as the best firearms and ammunition to use and the safest
methods of transport and storage. The input of a wide range of stakeholders, including
pilots, flight attendants, air carriers, and law enforcement agencies, has been invaluable to
us in developing the program. The APATA authorizes TSA to fund the necessary
training, supervision, and equipment for the FFDO program. I have recently announced
the creation of a pilot program that will allow us to quickly screen, train, and deputize
approximately 50 pilots. Concurrent with our efforts to stand up the program on a larger
scale, the President has requested $25 million in the 2004 budget.
There will only be minimal costs to air carriers for the arming pilot program, but there
could be substantial costs for training flight crews on security and self-defense. The
APATA requires airlines to provide training by November 24, 2004. TSA has begun the
groundwork for a rulemaking with opportunity for public comment on the training
requirement. There are erroneous reports that TSA has decided on a regimen of flight
crew training that would be burdensome to the carriers and contrary to the intent
expressed by Congress in the final enacted legislation. Similarly, there are erroneous
reports that TSA is ignoring a clear mandate in the Act that allows a flight crew member
to opt out of hands-on-training if the individual believes that such training would have an
adverse impact on his or her health or safety. I want to state clearly that I have not made
any such decisions, nor has our staff made any recommendations to me on this score. We
are only at the initial stages of this process.
TSA is now confronting the next major dimensions in aviation security. With the critical
deadlines for passenger security behind us, TSA will turn more of its energy to
addressing cargo security. In accordance with ATSA, TSA began securing the nation’s
airports through passenger and baggage screening. TSA recognized the threat of air
cargo and expanded baggage screening to include cargo placed on a passenger plane.
There are an estimated 12.5 million tons of air cargo transported per year, 2.8 million
tons on passenger planes. The remaining 9.7 million tons of freight is being shipped in
cargo planes. This air freight remains a unique threat to the homeland.
The recently released GAO report on the status of aviation cargo highlights many of the
concerns and challenges that face both the industry and the TSA. GAO recommended
that TSA create a strategic plan that identifies priority actions on the basis of risk, costs,
and performance targets, and establishes deadlines for completing those actions. We
have begun this process through the establishment of a working group to look at
requirements of a mandatory cargo security program—using a threat-based and riskmanaged approach. An important part of this effort is our outreach to the cargo industry.
To the extent possible, we will build on many of the security measures they have already
been adopted. We intend to move forward as expeditiously as possible in the
development and implementation of a comprehensive security program.
In light of this threat, the President is requesting a total of $30 million for an air cargo
security pilot program in FY 2004. Of this, $20 million is requested for the design and
development of a random, risk-weighted freight screening process and the development
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of a pre-screened “known” shipper program. An additional $10 million is requested for
further research and development to explore new air cargo technologies.
TSA will employ technology and information management solutions to further strengthen
cargo security. Our challenge is to find a “workable” nexus between technology and
information management that provides a higher degree of security while protecting the
economic viability of the air cargo industry.
TSA is working with stakeholders to address the issue of carrying certain classes of
currently prohibited mail, an issue we know has economic consequences on passenger air
carriers. TSA has implemented a canine detection pilot program at four major airport
hubs to test this type of screening as a possible alternative to prohibiting the transport of
certain weight mail on passenger carriers.
We are also focusing our efforts on the security of charter aircraft. Aircraft operators are
required to ensure that passengers and their accessible baggage are screened prior to
passenger boarding. Aircraft operators using schedule and charter, passenger and cargo
operations in aircraft with a maximum certificated takeoff weight of 12,500 pounds or
more, are required to implement security measures including criminal history record
checks on all flight crew members and restricted access to the flight deck. TSA also
requires training for ground security coordinators and contingency plan measures for
threats against aircraft and ground facilities. TSA’s security requirements vary with the
size and intended use of aircraft. Larger aircraft chartered for public use, such as those
used by tour operators, are generally subject to the same security requirements in sterile
areas that we enforce for commercial aircraft.
Security improvements in General Aviation are another high priority for TSA. General
Aviation accounts for more than 75 percent of all flights in the U.S. and it encompasses
more than 200,000 aircraft, 650,000 pilots, and over 19,000 public and private airports
and landing strips. All of the GA associations have taken a proactive approach to
educating their members.
On December 2, 2002, TSA implemented a centralized system for General Aviation
pilots to report information about suspicious activities. The National Response Center
collects information from the General Aviation community through use of a toll-free
number, 1-866-GASECURE, and provides notifications to appropriate state and Federal
agencies. TSA met with major General Aviation associations, such as the General
Aviation Manufacturers Association, the Aircraft Owners and Pilots Association
(AOPA), and the National Business Aviation Association (NBAA) to formulate an
aggressive, integrated program to market the centralized reporting system to all segments
of the General Aviation community.
The AOPA has established an Airport Watch program extending the Neighborhood
Watch concept to airports. TSA is working with the Civil Air Patrol, the U.S. Air Force,
and the AOPA to develop and implement a pilot project that will complement AOPA’s
Airport Watch Program.
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Our overall general aviation strategy for 2003 focuses on three areas--communication and
relationship building, activities related to the National Capital Region, and partnership
projects that will lead to national policies. Our goal is a framework of appropriate
Federal security standards for general aviation consistent with the threat. General
Aviation is a very diverse community, and “one-size” security certainly does not fit all.
We are trying to leverage the resources and knowledge of general aviation stakeholder
organizations to develop procedures that are tailored to each segment of general aviation.
As you are aware, Reagan National Airport remains closed to General Aviation. I have
previously provided the full Committee with a closed briefing on this situation. I will of
course keep the Committee informed of any changes to this policy.
In all these areas, TSA is taking interim measures to immediately boost security. Our
future steps in these areas will be based on assessments of threat and risk. We will be
constantly reviewing and reevaluating our strategies to eliminate potential vulnerabilities
and keep pace with changes in technology, transportation, and security threats.
Though your subcommittee’s principal focus is aviation, I know that you are concerned
about security in all aspects of our transportation system. As the security manager for the
National Transportation System, TSA looks at the range of transportation needs beyond
aviation. The Department of Homeland Security will be assessing vulnerabilities across
all sectors, and TSA is working with other DHS agencies and Department of
Transportation operating administrations to develop security standards that incorporate
industry best practices, new technologies, and innovations to create a more uniform level
of security across modes, while ensuring minimal disruption to our transportation system.
As TSA prepares to leave our home in the Department of Transportation, we remain
committed to working closely with DOT and its Operating Administrations on all matters
that affect transportation security.
Thank you for the opportunity to appear before your Subcommittee. I will be pleased to
answer any questions that you may have.
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